Sheriff's endorsement isn't a violation

Wednesday

Mar 26, 2014 at 12:01 AMMar 26, 2014 at 5:23 PM

Chris Lavender / Times-News

GRAHAM — Alamance County Sheriff Terry Johnson’s recent endorsement of a candidate running for North Carolina’s 6th Congressional District isn’t a violation of law, according to the N.C. Institute of Government.

A reader posed the question last week after Mark Walker’s campaign announced it had received Johnson’s endorsement. Walker is an ordained minister and Republican candidate. He most recently served as pastor at Lawndale Baptist Church in Greensboro.

“I am honored to be endorsed by Sheriff Johnson and have been impressed with his work throughout Alamance County,” a press release from Walker’s campaign stated. “Sheriff Johnson is another endorsement of a growing list for the Walker for Congress campaign, which includes former chair of the Guilford County Republican Party as well as several members of Howard Coble’s family.”

The reader asked whether it was legal for Johnson to endorse a candidate running for office based on N.C. General Statute 153A-99. The statute ensures “that county employees are not subjected to political or partisan coercion while performing their job duties, to ensure that employees are not restricted from political activities while off duty, and to ensure that public funds are not used for political or partisan activities.”

“No employee while on duty or in the workplace may use his or her official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for political office, or coerce, solicit, or compel contributions for political or partisan purposes by another employee,” the statute states.

UNC School of Government professor of public law and government Frayda Bluestein said this week she didn’t believe that Johnson’s endorsement had violated the statute.

“I know of no limitation on a sheriff’s ability to endorse a candidate,” Bluestein said. “The statute limits activities while on duty, using public resources, or coercion of employees. I don’t think an endorsement violates the statute unless one of those activities is involved.”

Alamance County Board of Elections Director Kathy Holland said Wednesday that she agreed with Bluestein’s assessment.

Holland said also that Johnson could contribute up to $5,000 toward Walker’s campaign if he wanted. The N.C. General Assembly recently raised the individual contribution limit from $4,000 to $5,000 for candidates’ campaign contribution amounts, according to Holland.